Insolvency Act 1986, section 147

Power to stay or sist winding up

Part IV Winding Up of Companies Registered under the Companies Acts

(1)The court may at any time after an order for winding up, on the application either of the liquidator or the official receiver or any creditor or contributory, and on proof to the satisfaction of the court that all proceedings in the winding up ought to be stayed or sisted, make an order staying or sisting the proceedings, either altogether or for a limited time, on such terms and conditions as the court thinks fit.

(2)The court may, before making an order, require the official receiver to furnish to it a report with respect to any facts or matters which are in his opinion relevant to the application.

(3)A copy of every order made under this section shall forthwith be forwarded by the company, or otherwise as may be prescribed, to the registrar of companies, who shall enter it in his records relating to the company.

Definitions used in section 147 2

contributory

(1) In this Act . . . the expression “contributory” means every person liable to contribute to the assets of a company in the event of its being wound up, and for the purposes of all proceedings for determining, and all proceedings prior to the final determination of, the persons who are to be deemed contributories, includes any person alleged to be a contributory.

Defined in s.79(1) · see it in the full Act
the company

2 Section 233B does not apply in relation to a contract for the supply of goods or services to a company (“the company”) where any of paragraphs 3 to 11 applies.

Defined in Sch.4ZZA para.2 · see it in the full Act

Cases considering section 147 4

Greenbank Technology Limited (In Liquidation), Re

[2026] EWHC 1466 (Ch) · 16 June 2026

Section 147 was used by analogy as the express power to stay compulsory winding-up proceedings. The court accepted that the corresponding jurisdiction under section 112 extends to staying a voluntary liquidation. (see paras [33]-[34], [42]-[43])

Daniel McAteer v Hat & Mitre Plc (in creditors’ voluntary liquidation) & Ors

[2024] EWHC 1601 (Ch) · 25 June 2024

Applies the requirement that an applicant for a stay be a creditor or contributory, as extended to a voluntary winding up through section 112. The appellant had technical standing but failed on the merits because his interest did not justify a stay (see paras [35]-[36], [51]-[54]).

Credit Lucky Ltd & Anor v National Crime Agency

[2014] EWHC 83 (Ch) · 29 January 2014

Section 147 provides the jurisdiction to stay a winding-up order. The court confirms that the jurisdiction must be exercised judicially and refuses a stay where continuation of the winding up protects the investigation and the applicant’s objective can be achieved through a less drastic direction. (see paras [55], [60]-[68])

What each judgment says about section 147 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Modifications

  1. C419S. 147 applied (with modifications) (1.12.1994) by S.I. 1994/2421, art. 8(3)(9), Sch. 4 Pt. II para. 19
  2. C420S. 147 applied (with modifications) (17.2.2009 for certain purposes, otherwise 21.2.2009) by Banking Act 2009 (c. 1), ss. 103, 263(1)(2) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch. para. 2
  3. C421S. 147 applied (with modifications) (6.6.2013) by The Collective Investment in Transferable Securities (Contractual Scheme) Regulations 2013 (S.I. 2013/1388), Pt. 3 reg. 1, Sch. 2 paras. 3, 5 Table (with reg. 24)
  4. C422S. 147 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 1 para. 3 (as amended by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 20)
  5. C423S. 147(3) amended (1.7.1999) by 1998 c. 46, s. 125, Sch. 8 para. 23(2)-(3), (with s. 126(3)-(11)); S.I. 1998/3178, arts. 2, 3 (as amended (28.6.2016) by The Building Societies (Floating Charges and Other Provisions) Order 2016 (S.I. 2016/679), arts. 1(1), 6)